Law of Torts

Jun 21st, 2015
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DIRECT ACT requires a direct interference with the person rather than an interference which is merely a consequence of the defendant’s act. That is, if the original act caused a sequence of direct and not voluntary events, then the original act constitutes towards battery .

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Law of Torts ABatteryBattery is a direct act by the defendant causing bodily contact with the plaintiff without consent.ElementsDIRECT ACT requires a direct interference with the person rather than an interference which is merely a consequence of the defendants act. That is, if the original act caused a sequence of direct and not voluntary events, then the original act constitutes towards battery (Scott v Shepherd).POSITIVE ACT requires the positive doing of an act. If the act was to stand your ground as opposed to actually moving in order to batter the other person then it would not constitute as battery (Innes v Wylie).INTENTIONAL ACT requires the action of the defendant to be intended. The harm need not be intended (Gray v Barr).AssaultAssault is a direct threat by the defendant that places the plaintiff in reasonable apprehension on an imminent harmful or offensive direct contact with the plaintiffs person.ElementsPOSITIVE ACT AND DIRECT PHYSICAL THREAT requires the threat made by the defendant to be positive and direct. This also means that the defendant must have the means to carry out the threat (Stephens v Myers). The threat made may have been conditional (Tuberville v Savage), however in this case, D stated that he would not do anything.REASONABLE APPREHENSIVE OF IMMINENT BATTERY requires that a reasonable person in the same circumstances as the plaintiff would believe that the contact threatened by the defendant would occur (Zanker v Vartzokas

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